Due Process Rights



Due Process Rights

1. Due Process of Law: The Constitution guarantees you certain rights that protect you from being treated unfairly by the government

a. 5th Amendment: Prohibits national government from violating due process rights

b. 14th Amendment: Prohibits state and local government from violating due process rights

2. Your due process rights come from the ___________.

a. Writ of habeas corpus-police bring you to a judge

b. No search and seizure-police need a warrant

c. No self incrimination-right to remain silent

d. No double-jeopardy-you can’t be charged twice with the same crime

e. Right to a lawyer-state pays for one if you can’t

f. Impartial Jury-12 unbiased people hear evidence and decide if you’re guilty or innocent

g. No cruel and unusual punishment

h. No excessive bail-the bail money a person has to pay must fit the crime

Under 18 and in Jail: What do I do?

1. Juvenile: Person who is not legally an adult

2. When a juvenile commits a crime their case goes to _________________. Two most common cases:

a. Delinquency

b. Neglect

3. Process

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Arrest: Police must inform parents

Detention Hearing: Judge decides if the child has to stay in custody or be released

Trial: Judge hears witnesses and reviews evidence

*NO JURY

Sentencing:

*Judge can go easier on kids

*If it is a serious crime judge can try them as an adult

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